Florida Senate - 2021                       CS for CS for SB 366
       
       
        
       By the Committees on Appropriations; and Education; and Senators
       Hutson, Brodeur, and Diaz
       
       
       
       
       576-04230-21                                           2021366c2
    1                        A bill to be entitled                      
    2         An act relating to educational opportunities leading
    3         to employment; creating s. 446.54, F.S.; providing
    4         that certain individuals enrolled in work-based
    5         learning are deemed to be employees of the state for
    6         purposes of receiving certain medically necessary care
    7         under workers’ compensation coverage; amending s.
    8         1007.23, F.S.; requiring that the statewide
    9         articulation agreement specify three mathematics
   10         pathways that meet a certain requirement upon which
   11         degree-seeking students must be placed; amending s.
   12         1007.263, F.S.; requiring admissions counseling to use
   13         certain tests or alternative methods to measure
   14         achievement of college-level communication and
   15         computation by students entering college programs;
   16         requiring that such counseling measure achievement of
   17         certain basic skills; revising requirements for
   18         admission to associate degree programs; amending s.
   19         1007.271, F.S.; revising eligibility requirements for
   20         initial enrollment in college-level dual enrollment
   21         courses; revising requirements for home education
   22         students seeking dual enrollment in certain
   23         postsecondary institutions; amending s. 1008.30, F.S.;
   24         requiring the State Board of Education to adopt, by a
   25         specified date, rules establishing alternative methods
   26         for assessing communication and computation skills of
   27         certain students; authorizing Florida College System
   28         institutions to use such alternative methods in lieu
   29         of the common placement test to assess a student’s
   30         readiness to perform college-level work in
   31         communication and computation; deleting obsolete
   32         provisions; requiring Florida College System
   33         institutions to use placement test results or
   34         alternative methods to determine the extent to which
   35         certain students demonstrate sufficient communication
   36         and computation skills to indicate readiness for their
   37         meta-major; requiring Florida College System
   38         institutions to counsel and place certain students in
   39         specified college courses; limiting students’
   40         developmental education to content needed for success
   41         in their meta-major; conforming provisions to changes
   42         made by the act; making technical changes; amending s.
   43         1009.25, F.S.; authorizing the State Board of
   44         Education to adopt specified rules and the Board of
   45         Governors to adopt specified regulations; providing an
   46         appropriation; authorizing positions; providing an
   47         effective date.
   48          
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   51         Section 1. Section 446.54, Florida Statutes, is created to
   52  read:
   53         446.54 Work-based learning.—
   54         (1)A student in grades 6 through 12 who is enrolled in a
   55  course identified in the Course Code Directory which
   56  incorporates a work-based learning component or an activity that
   57  is unpaid and who suffers a work-related injury in the course of
   58  his or her enrollment is deemed to be an employee of the state
   59  for purposes of workers’ compensation coverage. Such coverage
   60  applies only to medically necessary care rendered as a direct
   61  result of that injury.
   62         (2)An individual 18 years of age or younger who is
   63  enrolled in a preapprenticeship program as defined in s. 446.021
   64  which requires work-based learning and who suffers a work
   65  related injury in the course of his or her enrollment is deemed
   66  to be an employee of the state for purposes of workers’
   67  compensation coverage. Such coverage applies only to medically
   68  necessary care rendered as a direct result of that injury.
   69         Section 2. Present subsections (3) through (8) of section
   70  1007.23, Florida Statutes, are redesignated as subsections (4)
   71  through (9), respectively, and a new subsection (3) is added to
   72  that section, to read:
   73         1007.23 Statewide articulation agreement.—
   74         (3) To facilitate seamless transfer of credits, reduce
   75  excess credit hours, and ensure students take the courses needed
   76  for their future career, the articulation agreement must
   77  establish three mathematics pathways for students by aligning
   78  mathematics courses to programs, meta-majors, and careers. A
   79  representative committee consisting of State University System
   80  faculty, faculty of career centers established under s. 1001.44,
   81  and Florida College System institution faculty shall collaborate
   82  to identify the three mathematics pathways and the mathematics
   83  course sequence within each pathway which align to the
   84  mathematics skills needed for success in the corresponding
   85  academic programs and careers.
   86         Section 3. Subsection (1) and paragraph (a) of subsection
   87  (2) of section 1007.263, Florida Statutes, are amended to read:
   88         1007.263 Florida College System institutions; admissions of
   89  students.—Each Florida College System institution board of
   90  trustees is authorized to adopt rules governing admissions of
   91  students subject to this section and rules of the State Board of
   92  Education. These rules shall include the following:
   93         (1) Admissions counseling shall be provided to all students
   94  entering college or career credit programs. For students who are
   95  not otherwise exempt from testing under s. 1008.30, counseling
   96  must use the tests or alternative methods established by the
   97  State Board of Education under s. 1008.30 to measure achievement
   98  of college-level communication and computation competencies by
   99  students entering college credit programs or tests to measure
  100  achievement of basic skills for career education programs as
  101  prescribed in s. 1004.91. Counseling must measure achievement of
  102  basic skills for career education programs under s. 1004.91.
  103  Counseling includes providing developmental education options
  104  for students whose assessment results, determined under s.
  105  1008.30, indicate that they need to improve communication or
  106  computation skills that are essential to perform college-level
  107  work.
  108         (2) Admission to associate degree programs is subject to
  109  minimum standards adopted by the State Board of Education and
  110  shall require:
  111         (a) A standard high school diploma;, a State of Florida
  112  high school equivalency diploma awarded under s. 1003.435(2); a
  113  high school equivalency diploma issued by another state which is
  114  recognized as equivalent by State Board of Education rule and is
  115  based on an assessment recognized by the United States
  116  Department of Education; as prescribed in s. 1003.435,
  117  previously demonstrated competency in college credit
  118  postsecondary coursework;, or, in the case of a student who is
  119  home educated, a signed affidavit submitted by the student’s
  120  parent or legal guardian attesting that the student has
  121  completed a home education program pursuant to the requirements
  122  of s. 1002.41. Students who are enrolled in a dual enrollment or
  123  early admission program pursuant to s. 1007.271 are exempt from
  124  this requirement.
  125  
  126  Each board of trustees shall establish policies that notify
  127  students about developmental education options for improving
  128  their communication or computation skills that are essential to
  129  performing college-level work, including tutoring, extended time
  130  in gateway courses, free online courses, adult basic education,
  131  adult secondary education, or private provider instruction.
  132         Section 4. Subsection (3) and paragraph (b) of subsection
  133  (13) of section 1007.271, Florida Statutes, are amended to read:
  134         1007.271 Dual enrollment programs.—
  135         (3) Student eligibility requirements for initial enrollment
  136  in college credit dual enrollment courses must include a 3.0
  137  unweighted high school grade point average and a demonstrated
  138  level of achievement of college-level communication and
  139  computation skills as provided under s. 1008.30(1) or (2) the
  140  minimum score on a common placement test adopted by the State
  141  Board of Education which indicates that the student is ready for
  142  college-level coursework. Student eligibility requirements for
  143  continued enrollment in college credit dual enrollment courses
  144  must include the maintenance of a 3.0 unweighted high school
  145  grade point average and the minimum postsecondary grade point
  146  average established by the postsecondary institution. Regardless
  147  of meeting student eligibility requirements for continued
  148  enrollment, a student may lose the opportunity to participate in
  149  a dual enrollment course if the student is disruptive to the
  150  learning process such that the progress of other students or the
  151  efficient administration of the course is hindered. Student
  152  eligibility requirements for initial and continued enrollment in
  153  career certificate dual enrollment courses must include a 2.0
  154  unweighted high school grade point average. Exceptions to the
  155  required grade point averages may be granted on an individual
  156  student basis if the educational entities agree and the terms of
  157  the agreement are contained within the dual enrollment
  158  articulation agreement established under pursuant to subsection
  159  (21). Florida College System institution boards of trustees may
  160  establish additional initial student eligibility requirements,
  161  which shall be included in the dual enrollment articulation
  162  agreement, to ensure student readiness for postsecondary
  163  instruction. Additional requirements included in the agreement
  164  may not arbitrarily prohibit students who have demonstrated the
  165  ability to master advanced courses from participating in dual
  166  enrollment courses or limit the number of dual enrollment
  167  courses in which a student may enroll based solely upon
  168  enrollment by the student at an independent postsecondary
  169  institution.
  170         (13)
  171         (b) Each public postsecondary institution eligible to
  172  participate in the dual enrollment program pursuant to s.
  173  1011.62(1)(i) must enter into a home education articulation
  174  agreement with each home education student seeking enrollment in
  175  a dual enrollment course and the student’s parent. By August 1
  176  of each year, the eligible postsecondary institution shall
  177  complete and submit the home education articulation agreement to
  178  the Department of Education. The home education articulation
  179  agreement must include, at a minimum:
  180         1. A delineation of courses and programs available to
  181  dually enrolled home education students. Courses and programs
  182  may be added, revised, or deleted at any time by the
  183  postsecondary institution. Any course or program limitations may
  184  not exceed the limitations for other dually enrolled students.
  185         2. The initial and continued eligibility requirements for
  186  home education student participation, not to exceed those
  187  required of other dually enrolled students. A high school grade
  188  point average may not be required for home education students
  189  who demonstrate achievement of college-level communication and
  190  computation skills as provided under s. 1008.30(1) or (2) meet
  191  the minimum score on a common placement test adopted by the
  192  State Board of Education which indicates that the student is
  193  ready for college-level coursework; however, home education
  194  student eligibility requirements for continued enrollment in
  195  dual enrollment courses must include the maintenance of the
  196  minimum postsecondary grade point average established by the
  197  postsecondary institution.
  198         3. The student’s responsibilities for providing his or her
  199  own transportation.
  200         4. A copy of the statement on transfer guarantees developed
  201  by the Department of Education under subsection (15).
  202         Section 5. Section 1008.30, Florida Statutes, is amended to
  203  read:
  204         1008.30 Assessing college-level communication and
  205  computation skills Common placement testing for public
  206  postsecondary education.—
  207         (1) The State Board of Education, in conjunction with the
  208  Board of Governors, shall develop and implement a common
  209  placement test for the purpose of assessing the basic
  210  communication and computation and communication skills of
  211  students who intend to enter a degree program at any public
  212  postsecondary educational institution. Alternative assessments
  213  that may be accepted in lieu of the common placement test shall
  214  also be identified in rule. Public postsecondary educational
  215  institutions shall provide appropriate modifications of the test
  216  instruments or test procedures for students with disabilities.
  217         (2) By January 31, 2022, the State Board of Education shall
  218  adopt rules to develop and implement alternative methods for
  219  assessing the basic communication and computation skills of
  220  students who intend to enter a degree program at a Florida
  221  College System institution. Florida College System institutions
  222  may use these alternative methods in lieu of the common
  223  placement tests under subsection (1) to assess student readiness
  224  for college-level work in communication and computation The
  225  common placement testing program shall include the capacity to
  226  diagnose basic competencies in the areas of English, reading,
  227  and mathematics which are essential for success in meta-majors
  228  and to provide test information to students on the specific
  229  skills the student needs to attain.
  230         (3) By October 31, 2013, the State Board of Education shall
  231  establish by rule the test scores a student must achieve to
  232  demonstrate readiness to perform college-level work, and The
  233  rules adopted under subsection (2) must specify the following:
  234         (a) A student who entered 9th grade in a Florida public
  235  school in the 2003-2004 school year, or any year thereafter, and
  236  earned a Florida standard high school diploma or a student who
  237  is serving as an active duty member of any branch of the United
  238  States Armed Services is shall not be required to be assessed
  239  for readiness for college-level work in communication and
  240  computation take the common placement test and is shall not be
  241  required to enroll in developmental education instruction in a
  242  Florida College System institution. However, a student who is
  243  not required to be assessed for readiness for college-level work
  244  in communication and computation take the common placement test
  245  and is not required to enroll in developmental education under
  246  this paragraph may opt to be assessed and to enroll in
  247  developmental education instruction, and the college shall
  248  provide such assessment and instruction upon the student’s
  249  request.
  250         (b) A student who is assessed for readiness for college
  251  level computation and communication and whose assessment results
  252  indicate takes the common placement test and whose score on the
  253  test indicates a need for developmental education must be
  254  advised of all the developmental education options offered at
  255  the institution and, after advisement, may shall be allowed to
  256  enroll in the developmental education option of his or her
  257  choice.
  258         (c) A student who demonstrates readiness by achieving or
  259  exceeding the test scores established by the state board and
  260  enrolls in a Florida College System institution within 2 years
  261  after achieving such scores shall not be required to retest or
  262  complete developmental education when admitted to any Florida
  263  College System institution.
  264         (4) By December 31, 2013, the State Board of Education, in
  265  consultation with the Board of Governors, shall approve a series
  266  of meta-majors and the academic pathways that identify the
  267  gateway courses associated with each meta-major. Florida College
  268  System institutions shall use placement test results to
  269  determine the extent to which each student demonstrates
  270  sufficient communication and computation skills to indicate
  271  readiness for his or her chosen meta-major. Florida College
  272  System institutions shall counsel students into college credit
  273  courses as quickly as possible, with developmental education
  274  limited to that content needed for success in the meta-major.
  275         (5)(a) Each Florida College System institution board of
  276  trustees shall develop a plan to implement the developmental
  277  education strategies defined in s. 1008.02 and rules established
  278  by the State Board of Education. The plan must be submitted to
  279  the Chancellor of the Florida College System for approval no
  280  later than March 1, 2014, for implementation no later than the
  281  fall semester 2014. Each plan must include, at a minimum, local
  282  policies that outline:
  283         1. Documented student achievements such as grade point
  284  averages, work history, military experience, participation in
  285  juried competitions, career interests, degree major declaration,
  286  or any combination of such achievements that the institution may
  287  consider, in addition to common placement test scores, for
  288  advising students regarding enrollment options.
  289         2. Developmental education strategies available to
  290  students.
  291         3. A description of student costs and financial aid
  292  opportunities associated with each option.
  293         4. Provisions for the collection of student success data.
  294         5. A comprehensive plan for advising students into
  295  appropriate developmental education strategies based on student
  296  success data.
  297         (b) Beginning October 31, 2015, Each Florida College System
  298  institution shall use placement test results or alternative
  299  methods as established by the State Board of Education to
  300  determine the extent to which each student demonstrates
  301  sufficient communication and computation skills to indicate
  302  readiness for his or her chosen meta-major. Florida College
  303  System institutions shall counsel students into college credit
  304  courses as quickly as possible, with developmental education
  305  limited to that content needed for success in the meta-major
  306  annually prepare an accountability report that includes student
  307  success data relating to each developmental education strategy
  308  implemented by the institution. The report shall be submitted to
  309  the Division of Florida Colleges by October 31 in a format
  310  determined by the Chancellor of the Florida College System. By
  311  December 31, the chancellor shall compile and submit the
  312  institutional reports to the Governor, the President of the
  313  Senate, the Speaker of the House of Representatives, and the
  314  State Board of Education.
  315         (c) A university board of trustees may contract with a
  316  Florida College System institution board of trustees for the
  317  Florida College System institution to provide developmental
  318  education on the state university campus. Any state university
  319  in which the percentage of incoming students requiring
  320  developmental education equals or exceeds the average percentage
  321  of such students for the Florida College System may offer
  322  developmental education without contracting with a Florida
  323  College System institution; however, any state university
  324  offering college-preparatory instruction as of January 1, 1996,
  325  may continue to provide developmental education instruction as
  326  defined in s. 1008.02(1).
  327         (5)(6) A student may not be enrolled in a college credit
  328  mathematics or English course on a dual enrollment basis unless
  329  the student has demonstrated adequate precollegiate preparation
  330  in on the section of the basic computation and communication and
  331  computation skills assessment required pursuant to subsection
  332  (1) that is appropriate for successful student participation in
  333  the course.
  334         Section 6. Paragraph (f) of subsection (1) of section
  335  1009.25, Florida Statutes, is amended to read:
  336         1009.25 Fee exemptions.—
  337         (1) The following students are exempt from the payment of
  338  tuition and fees, including lab fees, at a school district that
  339  provides workforce education programs, Florida College System
  340  institution, or state university:
  341         (f) A student who lacks a fixed, regular, and adequate
  342  nighttime residence or whose primary nighttime residence is a
  343  public or private shelter designed to provide temporary
  344  residence, a public or private transitional living program, or a
  345  public or private place not designed for, or ordinarily used as,
  346  a regular sleeping accommodation for human beings. This includes
  347  a student who would otherwise meet the requirements of this
  348  paragraph, as determined by a college or university, but for his
  349  or her residence in college or university dormitory housing. The
  350  State Board of Education may adopt rules and the Board of
  351  Governors may adopt regulations regarding documentation and
  352  procedures to implement this paragraph.
  353         Section 7. For the 2021-2022 Fiscal Year, the nonrecurring
  354  sum of $2 million is appropriated from the General Revenue Fund
  355  to the State Risk Management Trust Fund in the Department of
  356  Financial Services for workers compensation costs associated
  357  with participants under s. 446.54, Florida Statutes. The funds
  358  may not be included or combined with the premiums otherwise due
  359  from the Department of Education pursuant to chapter 284,
  360  Florida Statutes, but must be credited on behalf of the
  361  Department of Education.
  362         Section 8. For the 2021-2022 fiscal year, two full-time
  363  equivalent positions with associated salary rate of 76,787 are
  364  authorized, and the sums of $127,190 in recurring funds and
  365  $7,790 in nonrecurring funds from the State Risk Management
  366  Trust Fund are appropriated to the Department of Financial
  367  Services for the purpose of implementing the workers’
  368  compensation coverage provisions of this act.
  369         Section 9. This act shall take effect July 1, 2021.